Attorney Grievance
22 NYCRR Part 1200 - Professional Conduct
JURISDICTION: NEW YORK
This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.
ATTORNEY GRIEVANCE COMPLAINT
⚠️ Before Using This Template
USE this template when:
- Attorney committed serious professional misconduct (not mere mistakes or strategy disagreements)
- Violations of NY Rules of Professional Conduct (22 NYCRR Part 1200) are clear and documented
- You've attempted to resolve directly with attorney without success
- Pattern of misconduct (multiple violations or ongoing refusal to comply with professional duties)
- Violations harm clients, court system, or public confidence in legal profession
DO NOT use this if:
- You disagree with attorney's strategy or tactics (that's not misconduct)
- Attorney made isolated mistake in judgment (unless gross negligence/incompetence)
- This is primarily a fee dispute (use fee arbitration instead - 22 NYCRR Part 137)
- You want different attorney (file motion to substitute counsel or request withdrawal)
- Attorney vigorously advocated position you disagree with (that's their job)
- You're unhappy with case outcome but attorney acted professionally
Appropriate example: Retained attorney who never appeared at hearings, didn't file required papers, missed statute of limitations, never returned calls despite 20+ attempts over 6 months, and failed to withdraw when you requested; documented pattern of neglect violating RPC 1.3 (diligence) and 1.4 (communication).
Inappropriate example: Attorney filed motion you think was weak and judge denied it (that's strategy disagreement and adverse outcome, not professional misconduct).
I. COMPLAINANT INFORMATION
Name: {{Your Name}} Relationship to Attorney: {{Client / Opposing Party / Other}} Case/Matter: {{Caption}}, Index No. {{Number}}, {{Court}}
II. ATTORNEY INFORMATION
Name: {{Attorney Full Name}}, Esq. Firm: {{Law Firm Name (if applicable)}} Address: {{Office Address}} Phone: {{Phone}} Email: {{Email}} Bar Admission: {{State}}, {{Year}}
III. NATURE OF COMPLAINT
This complaint alleges violations of the New York Rules of Professional Conduct (22 NYCRR Part 1200) by the above-named attorney.
IV. FACTUAL BACKGROUND
A. Attorney-Client Relationship (if applicable)
{{If you were/are client: "Attorney {{Name}} was {{retained / assigned}} to represent me in {{matter}} on {{date}}. [Describe scope of representation, fee arrangement if relevant, etc.]"}}
{{If you are opposing party: "Attorney {{Name}} represents {{party}} in {{matter}}. I am {{role}} in this proceeding."}}
B. Relevant Facts
{{Chronological narrative of events leading to complaint. Be specific about dates, communications, actions taken or not taken.}}
V. RULES OF PROFESSIONAL CONDUCT VIOLATED
The complained-of conduct violates the following provisions of the NY Rules of Professional Conduct (22 NYCRR Part 1200):
Rule 1.1 - Competence
Rule: "A lawyer should provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."
Violation: {{If applicable - describe incompetent representation: failure to research law, missed deadlines, inadequate preparation}}
Rule 1.2 - Scope of Representation and Allocation of Authority
Rule: "A lawyer shall abide by a client's decisions concerning the objectives of representation..."
Violation: {{If applicable - describe failure to follow client instructions, acting without authority}}
Rule 1.3 - Diligence
Rule: "A lawyer shall act with reasonable diligence and promptness in representing a client."
Violation: {{If applicable - describe lack of diligence: failure to appear, missed deadlines, neglect of case}}
Rule 1.4 - Communication
Rule: "A lawyer shall... (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter..."
Violation: {{If applicable - describe failure to communicate, unreturned calls/emails, no status updates}}
Rule 1.5 - Fees
Rule: "A lawyer shall not make an agreement for, charge, or collect an unreasonable fee..."
Violation: {{If applicable - describe excessive fees, fee disputes, failure to provide retainer agreement}}
Rule 3.3 - Candor Toward the Tribunal
Rule: "A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal..."
Violation: {{If applicable - describe misrepresentations to court, failure to disclose adverse authority}}
Rule 3.4 - Fairness to Opposing Party and Counsel
Rule: "A lawyer shall not: (a) unlawfully obstruct another party's access to evidence..."
Violation: {{If applicable - describe discovery abuse, destruction of evidence, harassment}}
Rule 8.4 - Misconduct
Rule: "A lawyer... shall not: (a) violate or attempt to violate the Rules of Professional Conduct... (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation..."
Violation: {{If applicable - describe dishonesty, fraud, other misconduct}}
VI. SPECIFIC INSTANCES OF MISCONDUCT
[For each violation, provide detailed factual support]
Instance 1: {{Description}}
Date: {{Date}}
Facts: {{What attorney did or failed to do. Be specific. Include documentation if available.}}
Rule Violated: {{Specific RPC provision}}
Harm Caused: {{How this affected you, the case, or the legal system}}
Supporting Documentation: {{Exhibit reference}}
Instance 2: {{Description}}
[Repeat format]
VII. EFFORTS TO RESOLVE
Prior to this complaint, I made the following efforts to resolve the matter:
| Date | Action | Result |
|---|---|---|
| {{Date}} | {{Contacted attorney directly / Sent letter / etc.}} | {{No response / Inadequate response}} |
| {{Date}} | {{Follow-up communication}} | {{Result}} |
| {{Date}} | {{Request for attorney to withdraw / etc.}} | {{Result}} |
These efforts have been unsuccessful.
VIII. SUPPORTING DOCUMENTATION
Attached as exhibits:
Exhibit A: {{Retainer agreement / Fee agreement (if applicable)}} Exhibit B: {{Correspondence with attorney (emails, letters)}} Exhibit C: {{Court filings / Orders showing misconduct}} Exhibit D: {{Timeline of communications}} Exhibit E: {{Financial records (if fee dispute)}} Exhibit F: {{Other relevant documents}}
IX. IMPACT
The complained-of conduct has caused the following harm:
- {{Harm to client interests - e.g., "Lost case due to attorney's failure to appear at hearing"}}
- {{Financial harm - e.g., "Paid fees for work not performed"}}
- {{Procedural harm - e.g., "Missed statute of limitations"}}
- {{Reputational harm - e.g., "Subjected to sanctions due to attorney's misconduct"}}
- {{Harm to legal system - e.g., "Misrepresentations undermined integrity of proceedings"}}
X. RELIEF REQUESTED
I respectfully request that the Grievance Committee:
- Investigate the complained-of conduct;
- Take appropriate disciplinary action, which may include:
- Private admonition
- Public censure
- Suspension from practice
- Disbarment
- {{If client: "Order restitution of fees paid for services not rendered"}}
- Provide written notification of the Committee's determination.
XI. VERIFICATION
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.
I understand that filing a false or frivolous complaint may subject me to sanctions.
{{Your Signature}} {{Your Name}}
Dated: {{Date}}
AUTHORITIES
Attorney Discipline:
- 22 NYCRR Part 1240 (Procedures for Attorneys in Disciplinary Matters)
- Judiciary Law §90 (Attorney discipline)
Rules of Professional Conduct:
- 22 NYCRR Part 1200 (entire)
- Rule 1.1 (Competence)
- Rule 1.2 (Scope of Representation)
- Rule 1.3 (Diligence)
- Rule 1.4 (Communication)
- Rule 1.5 (Fees)
- Rule 3.3 (Candor to Tribunal)
- Rule 3.4 (Fairness)
- Rule 8.4 (Misconduct)
GRIEVANCE COMMITTEES BY DEPARTMENT
First Department (Manhattan, Bronx): Departmental Disciplinary Committee 61 Broadway, 2nd Floor New York, NY 10006 (212) 401-0800
Second Department (Brooklyn, Queens, SI, Nassau, Suffolk, Westchester, etc.): Attorney Grievance Committee Renaissance Plaza 335 Adams Street, Suite 2400 Brooklyn, NY 11201 (718) 923-6300
Third Department (Albany, upstate): Attorney Grievance Committee O'Brien Building 40 Beaver Street, Suite 202 Albany, NY 12207 (518) 474-8816
Fourth Department (Buffalo, Rochester, Syracuse): Attorney Grievance Committee 1036 Ellicott Square Building 295 Main Street Buffalo, NY 14203 (716) 845-3630
STRATEGIC CONSIDERATIONS
When to File:
- Serious misconduct (not mere disagreement with strategy)
- Exhausted attempts to resolve directly
- Pattern of behavior (not isolated error)
- Violation clearly established
Timing:
- During representation: May affect ongoing case; attorney may withdraw
- After case concludes: Safer but less immediate remedy
- Statute of limitations considerations
Consequences:
- Investigation may take months or years
- Attorney will be notified and given opportunity to respond
- If you are/were client, may affect attorney-client relationship
- May result in disciplinary action ranging from admonition to disbarment
Alternatives:
- Fee dispute arbitration (if fee-related)
- Legal malpractice suit (for damages)
- Motion to disqualify attorney (if conflict)
- Request new assigned counsel (if applicable)
Submission: Mail to appropriate Grievance Committee (see addresses above). Retain copies of complaint and all exhibits. Committee has broad discretion in investigation and disposition. Complaints are confidential until formal charges filed.